Intuitive Surgical Candidate Privacy Notice


Effective Date: 5 November, 2020

Introduction and Scope
This Notice applies to Candidates and Successful Candidates and describes how Intuitive Surgical, Inc., Intuitive Surgical Operations, Inc., Intuitive Surgical Sarl, and affiliated companies (collectively, “Intuitive” or “Company”), whether as employees, contractors, or under similar types of arrangements. The Notice describes how the Company will collect and process your personal data in connection with the recruitment or employment process and your interaction on Intuitive’s Career website. This Notice will also explain how you can exercise your rights with respect to the processing of your personal data. The primary data controller of your personal data is the entity with which you are applying for employment.

Collection of Your Personal Data
Intuitive collects the following categories of personal data during the recruitment and job application process:
  • Contact information such as name, address, telephone number, and other; 
  • Information from job application materials or recruiters, such as your job application, resume or CV, cover letter, writing samples, references, work history, education transcripts, whether you are subject to prior employer obligations, and information that referrers provide about you;  
  • Professional qualifications, such as licenses, permits, memberships, and certifications;
  • Biographical information, such as name, gender, date of birth, professional history, references, language proficiencies, education details, and information you make publicly available through job search or career networking sites;
  • Employment history including prior employers, dates of employment, positions held and/or job titles;
  • Job preferences, such as desired position and compensation, location preferences and willingness to relocate;
  • Prior job information at our Company (e.g. other roles to which you have applied, interviewed, and/or been hired/rejected for);
  • Publicly available information collected from the Internet;
  • Referral information such as names and contact information;
  • Reference names and contact information for references (it being solely your responsibility to obtain consent from references before providing their personal data);
  • Source information (e.g. the website that brought you to our Career website);
  • Voluntary demographic information disclosed by you during the hiring process;
  • Background check information, such as information necessary to complete background, credit, drug/alcohol and/or other checks when permitted by law, and information received during these checks;
  • Any other information that you provide during the application process, such as phone-screens, interviews, information submitted in connection with skills assessments, additional information regarding work or educational experiences, information about employment offers from other companies, salary expectations and reason(s) for acceptance/rejection, and medical/disability information; 
  • Any information provided by you on the application form or your interaction on the Careers website such as chatbot, job alerts, talent community, etc. For more information on how Intuitive collects personal data from your interaction on our Career website, please see our Cookies Notice.  

Purpose of Personal Data Processing

Intuitive will use the personal data:
  • of Candidates for recruiting purposes and job placement purposes including notification of future job opportunities (Intuitive will obtain your consent where required by law).
  • of Successful Candidates for on-boarding purposes, including enrolment in payroll and applicable employee benefit schemes, preparation of employment contract, and other administrative purposes necessary for the successful candidate to commence employment with the Company.

Intuitive may also use your personal data to send you candidate experience surveys, analyze the job market, create reports, and conduct background checks when permitted by law.

Intuitive’s legal bases to collect and use Candidate and Successful Candidate Personal Data include:

  • Intuitive’s legitimate interests, including those described above, as processing personal data is necessary to carry out the hiring process and to make it possible for Candidates and Successful Candidates to apply for and / or be appointed to a position at the Company;
  • Performance of the employment contract between the Company and Successful Candidates;
  • Compliance with legal obligations, such as accounting and tax requirements;
  • Purposes of carrying out legal obligations and exercising rights under employment law; and
  • Consent of Candidates or Successful Candidates, where applicable. Please note: if you would like to withdraw your consent at any time, you can do so via this link or by contacting us via the details in the “Contact Information” section below.  Your withdrawal of consent does not affect the lawfulness of processing before your withdrawal.

You are entirely free to decide what data you want to provide to the Company but if you do not provide Intuitive with sufficient information, the Company may not be able to properly evaluate your suitability for open positions or contact you about them.
 
As necessary in connection with these purposes, authorized service providers and limited members of Intuitive Personnel from in Human Resources, Finance, and the IT department, as well as senior executive Company managers may access and otherwise process personal data in connection with their job responsibilities.  Some of these personnel may be employed by the Company at its various global locations outside of the EEA or UK, including in countries that may not provide the same level of data protection as the home country of the Job Applicant and Successful Candidate.  Intuitive takes appropriate steps to ensure that such personnel are bound to duties of confidentiality with respect to personal data, and the Company implements measures to ensure that any transferred personal data remains protected and secure. If you are a Candidate that resides in the EEA or UK, your data is transferred outside the EEA or UK as necessary to take pre-contractual measures to assess your eligibility for a position with Intuitive. If you are a Successful Candidate that resides in the EEA or UK, your data is transferred outside the EEA or UK as necessary to conclude an employment agreement with you. The personal data are only used and transferred for the purposes outlined in this notice and in accordance with applicable law. 

Disclosures to Third Parties
Intuitive uses third-party vendors for certain services, such as companies providing the Company’s candidate database and supporting the application forms. For example, Intuitive uses an Applicant Tracking System (ATS) globally to manage online job applications received from current and prospective employees and interns and to provide job opportunities in the country where you apply as well as in other countries and regions. Intuitive uses a career website platform globally to manage talent communities of prospective candidates. Both the ATS and Careers website are hosted by a third-party service provider.

Where necessary for the job application process, the Company may disclose your personal data to recruitment agencies [and companies contracted to carry out background checks on the Company’s behalf when permitted by law]. Intuitive may also contact any references you indicated in your application to discuss your previous experience and performance. Intuitive may disclose your personal data to a third party if it is necessary to comply with a legal obligation or the decision of a judicial authority, a public authority or a government body, or if disclosure is necessary for national security or required by law enforcement. If Intuitive makes a sale or transfer of assets, or are otherwise involved in a merger or business / asset transfer, the Company may transfer your personal data to one or more third parties as part of that transaction. Intuitive may also share your personal data with other third parties when you consent to such sharing. 
 
When Intuitive retains a third-party vendor, that vendor will be required to use appropriate measures to protect the confidentiality and security of personal data. Some of these third-parties are located outside the EEA or UK, including in countries that may not provide the same level of data protection as your home country. To the extent required by applicable law, Intuitive will address any applicable requirement to assure an adequate level of data protection before transferring personal data by implementing measures to ensure that any transferred personal data remains protected and secure. This may include standard contractual clauses approved by the European Commission. You can obtain a copy of these clauses by contacting the Company via the information found in the “Contact Information” section.

Security
Intuitive will take reasonable physical, technical, and organizational security measures to protect your personal data in accordance with industry standard practices and applicable data privacy laws. 

Data Subject Rights
Depending on the jurisdiction, you may have the right to access, correct, or delete your personal data. You may also have the right to data portability and the right to object to the processing of your personal data. Please use this link to contact us for this purpose. You may also use the link to revoke your consent to processing your Personal Data. Any revocation will apply prospectively. Intuitive will process requests in accordance with applicable law.

Depending on your jurisdiction, you may also have the right to lodge a complaint with a supervisory authority if you consider that Intuitive’s processing of your personal data infringes applicable law.

Updates to this Notice
Intuitive may change this notice from time to time. Any changes to this notice go into effect upon the effective date of the revised notice.

Contact Information and Questions
  • Intuitive Surgical, Inc., (Intuitive’s corporate global headquarters) are located at 1020 Kifer Road, Sunnyvale, CA 94086, United States.
  • Intuitive Surgical Operations, Inc. is located at 1266 Kifer Road, Sunnyvale, CA 94086, United States
  • Intuitive Surgical Sàrl, (Intuitive’s European Headquarters) is located at 1, Chemin des Mûriers, 1170 Aubonne, Switzerland

For any questions regarding the processing of your personal data, please email Intuitive’s Data Privacy Team at data.privacy@intusurg.com.